European Court Of Justice Could Kill Cross-Border Injunctions In Patent Cases

Law360, New York (September 22, 2004, 12:00 AM EDT) -- In a decision that could curtail patent enforcement in the European Union and force companies to file intellectual property lawsuits separately in each country, an advocate-general has advised the European Court of Justice in Luxembourg to rule that that member states can't impose orders blocking the use of a patent across the region.

In his opinion in the lawsuit Gesellschaft für Antriebstechnik mbH & Co v. Lamellen und Kupplungsbau Beteiligungs KG (LuK)), advocate-general Leendert Geelhoed said Europe-wide patent injunctions may be illegal under EU law....
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